Bill Text: IA HF2193 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act establishing a text messaging notification and payment system for certain citations and informations. (Formerly HSB 508.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-03-22 - Referred to Transportation. S.J. 753. [HF2193 Detail]
Download: Iowa-2017-HF2193-Introduced.html
House File 2193 - Introduced HOUSE FILE BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 508) A BILL FOR 1 An Act establishing a text messaging notification and payment 2 system for certain citations and informations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5113HV (4) 87 jm/rj PAG LIN 1 1 Section 1. Section 602.8102, Code 2018, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 0105B. Facilitate the establishment of 1 4 a text messaging notification and payment system pursuant to 1 5 section 602.8106A. 1 6 Sec. 2. NEW SECTION. 602.8106A Text messaging notification 1 7 and payment system. 1 8 1. As used in this section, unless the context otherwise 1 9 requires: 1 10 a. "Court debt" means all fines, penalties, court costs, 1 11 fees, forfeited bail, surcharges under chapter 911, victim 1 12 restitution, court=appointed attorney fees or expenses of a 1 13 public defender ordered pursuant to section 815.9, or fees 1 14 charged pursuant to section 356.7 or 904.108. 1 15 b. "Fine" includes a fine, penalty, fee, surcharge, court 1 16 costs, or forfeited bail. 1 17 c. "Text messaging" means a text=based message. 1 18 2. a. The judicial branch shall contract with a private 1 19 vendor for the establishment of a voluntary notification and 1 20 payment system that utilizes text messaging for the delivery 1 21 of citation and complaint and information copies, for court 1 22 appearance reminders, and for the payment of fines for local 1 23 traffic violations, for simple misdemeanor violations of 1 24 chapter 321, or for other violations when no court appearance 1 25 is required prior to an admission of guilt. 1 26 b. The text messaging notification and payment system shall 1 27 account for the delivery of the citation and complaint or the 1 28 information when admitting to a violation pursuant to the 1 29 procedures established under section 805.9. 1 30 c. (1) Beginning July 1, 2018, through June 30, 2020, 1 31 notwithstanding any contrary provision of this section, the 1 32 judicial branch may contract with a private vendor to establish 1 33 a voluntary notification and payment system. If the judicial 1 34 branch contracts with a private vendor, the vendor contract 1 35 shall provide for a collection fee of up to six percent of the 2 1 amount of the fine, which percentage shall be negotiated by 2 2 the judicial branch. The collection fee shall be added to the 2 3 amount of the fine and shall be used to compensate the private 2 4 vendor. 2 5 (2) On or after July 1, 2020, the vendor contract shall 2 6 provide for a collection fee of up to six percent of the amount 2 7 of the fine. The collection fee shall be added to the amount of 2 8 the fine and shall be used to compensate the private vendor. 2 9 d. The text messaging payment system shall not be utilized 2 10 for the collection of delinquent court debt. 2 11 Sec. 3. Section 805.9, subsections 1 and 2, Code 2018, are 2 12 amended to read as follows: 2 13 1. In cases of scheduled violations, the defendant, before 2 14 the time specified in the citation and complaint for appearance 2 15 before the court, may sign the admission of violation on the 2 16 citation and complaint and deliver or mail a copy of the 2 17 citation and complaint, together with the minimum fine for the 2 18 violation, plus court costs, to a scheduled violations office 2 19 in the county, or utilize the text messaging notification and 2 20 payment system established pursuant to section 602.8106A. 2 21 The office shall, if the offense is a moving violation under 2 22 chapter 321, forward an abstract of the citation and complaint 2 23 and admission to the state department of transportation as 2 24 required by section 321.491. In this case the defendant is not 2 25 required to appear before the court. The admission constitutes 2 26 a conviction. 2 27 2. A defendant charged with a scheduled violation by 2 28 information may obtain two copies of the information from the 2 29 court and, before the time the defendant is required to appear 2 30 before the court, deliver or mail the copies, together with the 2 31 defendant's admission, fine, and court costs, to the scheduled 2 32 violations office in the county, or utilize the text messaging 2 33 notification and payment system established pursuant to section 2 34 602.8106A. The procedure, fine, and costs are the same as when 2 35 the charge is by citation and complaint, with the admission and 3 1 the number of the defendant's driver's license as defined in 3 2 section 321.1 placed upon the information when the violation 3 3 involves the use of a motor vehicle. 3 4 Sec. 4. Section 805.9, subsection 3, paragraph a, Code 2018, 3 5 is amended to read as follows: 3 6 a. If the defendant wishes to admit the violation, the 3 7 officer may release the defendant upon observing the person 3 8 mail the citation and complaint, admission, and minimum fine, 3 9 together with court costs, to a traffic violations office in 3 10 the county, in an envelope furnished by the officer, or upon 3 11 observing the person utilize the text messaging notification 3 12 and payment system established pursuant to section 602.8106A. 3 13 The admission constitutes a conviction and judgment in the 3 14 amount of the scheduled fine plus court costs. The officer 3 15 may allow the defendant to use a credit card pursuant to rules 3 16 adopted under section 805.14 by the department of public safety 3 17 or to mail a check in the proper amount in lieu of cash. If the 3 18 check is not paid by the drawee for any reason, the defendant 3 19 may be held in contempt of court. The officer shall advise the 3 20 defendant of the penalty for nonpayment of the check. 3 21 Sec. 5. Section 805.9, subsection 6, Code 2018, is amended 3 22 to read as follows: 3 23 6. The court costs imposed by this section are the total 3 24 costs collectible from a defendant upon either a hearing 3 25 pursuant to subsection 4, or upon an admission of a violation 3 26 without hearing, or upon a hearing pursuant to subsection 4. 3 27 However, fees are collectible from the defendant pursuant to 3 28 section 602.8106A, if the text messaging notification and 3 29 payment system is utilized by the defendant. 3 30 EXPLANATION 3 31 The inclusion of this explanation does not constitute agreement with 3 32 the explanation's substance by the members of the general assembly. 3 33 This bill establishes a text messaging notification and 3 34 payment system for citations. 3 35 Beginning July 1, 2018, through June 30, 2020, the judicial 4 1 branch may contract with a private vendor for the establishment 4 2 of a voluntary notification and payment system that utilizes 4 3 text messaging for the delivery of a citation and complaint 4 4 and information copies, for court appearance reminders, and 4 5 for the payment of fines for local traffic violations, for 4 6 simple misdemeanor violations of Code chapter 321, or for other 4 7 violations when no court appearance is required prior to the 4 8 admission of guilt. 4 9 Beginning July 1, 2020, the bill requires the judicial 4 10 branch to contract with a private vendor to establish such a 4 11 voluntary notification and payment system. 4 12 When a person admits to a violation any time before a 4 13 required court appearance, the bill requires the text messaging 4 14 notification and payment system to account for the delivery 4 15 of the citation and complaint or information to the scheduled 4 16 violations office in the county. Current law requires the 4 17 citation and complaint or information be delivered or mailed to 4 18 the scheduled violations office in the county. 4 19 The bill permits the vendor contract to provide for a 4 20 collection fee of up to 6 percent of the amount of the fine, 4 21 which percentage shall be negotiated by the judicial branch. 4 22 The collection fee shall be added to the amount of the fine and 4 23 shall be used to compensate the private vendor. 4 24 The bill prohibits the utilization of the text messaging 4 25 payment system for the collection of delinquent court debt. LSB 5113HV (4) 87 jm/rj
